Transcript
of Video Conference Between USCIB Members and
European Union Trade Commissioner Pascal Lamy

View a webcast of this event on PNLTV,
the
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U.S.
Council for International Business
Forum
with Pascal Lamy
April
10, 2001
ITN SIGNALSTREAM
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GEORGE
CUNNINGHAM
01:00:04 Good afternoon,
Commissioner Lamy. And a warm welcome
to New York. I'm George Cunningham, and
we welcome you from the European Commission delegation in New York, and also,
the US Council for International business.
Together, we are hoping to start the first in a series of discussions
and debates on trade issues.
01:00:34 So, now, I'm
moving on to Ambassador Niles, who's going to get the show under way. Thank you very much, and welcome again,
Commissioner Lamy.
AMBASSADOR
NILES
01:00:45 Thanks very much,
George. And welcome to you,
Commissioner Lamy, thank you so much for joining us this morning. This is an opportunity, as was noted, for a
frank exchange between the group of business representatives here in New York,
all of whom, I think I can say,
01:01:08 are committed to
a partnership between the United States and Europe. And I think I could also say are hoping for better times under
new management in the US/European relationship.
01:01:22 We, I think,
would also agree that the advent of Ambassador Zoellick, a close friend of the
Commissioner's, in the United States as Special Trade Representative, gives us
a reason to expect that the broader interests of the United States and Europe
in this relationship will perhaps prevail
01:01:44 over a policy
which tended to focus too much on smaller, though still important, trade
disputes.
01:01:50 Let me introduce,
if I may, Commissioner Lamy, the members of the panel this morning. First, to my right, at the far right, we
have Mr. David Wright of PepsiCo; Mr. Peter Russell from J.P. Morgan Chase
& Company; Mr. Ken Leeson from Cullen International; and Mr. Chris Hansen
from The Boeing Company.
01:02:12 And now to my
right starting at the far side, I have Mr. Rufus Yerxa from Monsanto; Mr. Nigel
Thompson from Merck & Co.Corporation; Mr. Rob Mulligan from The Chubb
Corporation; and Mr. Michael Hodin from Pfizer.
01:02:30 So, this is the
group, Commissioner, that will be discussing with you this morning the
relationship and perhaps what the business communities on both sides of the
Atlantic can do to support you and Ambassador Zoellick in efforts to improve
both the tone and the substance of this very important relationship.
COMMISSIONER
LAMY
01:02:51 I would start
from the fact that if you consider the EU/US trade, ordinary economically, that
we have every reason to build up a very strong partnership. As we are in business, most of you are in
business, I used to be in business, we do this when we have
01:03:37 common strategic
interests, and common problems to solve.
We have common strategic interests, our economies are big, important
world economies ... they, although the US is clearly more advanced in the
technical type we both have
01:04:06 modern and
competitive economies. We both need to
expand abroad for the sake of our growth.
And we both need to import where it is more efficient to do so elsewhere
than in our domestic base. And, by the
way, we are
01:04:27 the only two
economies in the world who share these characteristics, and we work to gain
professional ties. I think what I say fits.
But we basically have the same sort of strategic fit.
01:04:47 In terms of
problems we have to solve ... we again have the same characteristics as in the
US. We have vibrant domestic political
units. They both are big and very tough
democracies. And we have to take a lot
of care about what people in our countries think or be. Here again, when you think of it, we are the
only two “ elephants” based in the world.
And
01:05:36 by the way, when
you look at trade, we both need a sufficiently broad domestic backbone for an
open trade policy. Much of the domestic…(?) In other words, if ((Bob Zoellick) or myself, say, “let’s make a
deal,” which will be seen as a concession either on my side or on his side, we
will need political public support from our authorizing environment ...
01:09:32 ... as I call
them, whether it's my member states or the open Parliament, or Congress which,
as we all know, is heavily influenced by business in the United States. Our authorizing environments are not that
favorable to either of us making deals in this direction. And I think the big question we have to
address is how can we improve the stance that our respective authorizing
environments can make.
01:10:02 I don't think
it's a fatality, I think we should work on that. And my own agenda, and I will finish by this in order to get into
questions and exchanges of views ... my own agenda is quite simple. And I think I have the necessary authority
in terms of a negotiator to push it forward.
And my hope is that my counterpart in the US will have the same sort of
authority ... let's work jointly on the
01:10:37 multilateral
scene. We both have a very strong
multinational commitment. We both care
about the existence of a disciplined multilateral trading system, we are the
two elephants of this system ... let's work jointly in order to improve
it. And the name of the game today is
a new trade
01:11:01 round. There could have been other solutions for
enhancing the ... the significance of the multilateral trade system than a new
round ... it's not the case that there are other alternatives today, so the
name of the game is a
01:11:16 new trade
round. Let's work together on this.
01:11:19 On the bilateral
relationship, let's build as much as we can of a positive agenda. Areas for positive cooperation, whether it's
in regulatory cooperation, whether it's in addressing challenges of the future
such as a biotech environment and so on ... are there ... we start from
different cultural backgrounds, but we need to address this
01:11:52 jointly. And second, let's address these disputes
which are still there ... The occasion of a new administration, as Tom just
implied in his very short introduction, may be a good occasion for spring
cleaning. Let's try that.
AMBASSADOR
NILES
01:12:30 Well, I don't
think anyone would reject the idea of a good spring cleaning. I also think that ... I hope most of us
would share your ... your perception of where we are and where we need to
go. It seems to me also, though, that
we need to take cognizance of the fact that the relationship between the United
States and Europe has
01:12:54 gradually changed
from one that was dominated by trade flows to one which is now dominated by
mutual investment ... each in the other.
And if we think in terms of that process, we see that rather than having
opposed interests, we have mutual interests.
Because to the extent Europe
prospers, the United States prospers ... to the extent the United States
prospers, so Europe prospers.
01:13:18 So, I think the
effort should be undertaken both by the business communities and by the Commission
and by the United States administration to explain to people here and in Europe
this very powerful common interest.
But, let's turn to questions.
The first question will be posed by Mr. Hansen from the The Boeing
Company. Chris?
CHRIS
HANSEN
01:13:40 Mr. Commissioner,
I would like to thank you, once again, for joining us today. The question that I would like to ask you,
really, has to do with not adding new tensions to the trade relationship
between the US and the EU. And as you
well know, there's been a long civil aircraft dispute going on between the US
and the EU.
01:14:01 The question that
I would like to ask you is with government loans from member states that are
about to be distributed to a new Airbus project, would you consider, or would
your Commission consider encouraging those member states to extend those loans
where the
01:14:17 repayment terms
are on commercial repayment terms? In accordance with the 1994 Subsidies Code?
LAMY
01:14:25 I mean, I would
not agree that we have a longstanding dispute between the US and EU on
this. We have a potential dispute which
stems from the fact that we are the only two significant operators in the long
range aircraft industry, and by the way, not only the only significant, the
only two producers in the world ...
which creates a
01:15:01 situation which,
as any sort of duopoly, we all know, isn't stable. The instability is between extremely good cooperation ...
notably, price-wise ... which is forbidden by the spirit of competition, and which
companies do not like very much. And on
the other side, the other
01:15:28 extreme is
extreme competition so that one would have the idea to oust the other from the
system, which of course, companies would like a lot.
01:15:36 I think this is
the sort of reference economic situation which we have. Now, we haven't had disputes for simple
reason, which is that we decided to police our systems at a time when Boeing
was, and still is, supported directly or indirectly by government money in the
US, and at
01:16:11 a time when
Airbus was, and is, directly or indirectly, supported by government money in
the European Union.
01:16:17 We started in the
'90s from the acknowledgement of that.
We've built up rules which are enshrined into an agreement between the
European Union and the US which we agreed in 1992. The subsidy code of the WTO, which came after 1992 which is '94
... does not contradict this agreement, not in the least, because the subsidy
01:16:55 code is mostly
about export subsidies. And not the
least because, of course, the European Union would never sign an agreement in
'94 in the WTO which would contradict the agreement which we had on Airbus and
Boeing in '92 with the US.
01:17:11 So, we've policed
this relationship. We've put rules into
the system. And the question is now
about the respective surveillance of these rules on the two sides. The US are entitled to check that the way we
support Airbus through repayable loans fits into the constraints of this
agreement. And we are entitled to check
whether the support
01:17:50 which Boeing gets
fits into this. I think it's a good
system. And it's a system which will
turn into disputes only if the US believe that what we do is not fit with what
we agreed, or the other way around. To
my knowledge, we're not there today.
CHRIS
HANSEN
01:18:12 I guess, I hope
that we are ... we're able to go through this and really agree exactly on what
the rules are, and the way that we proceed and that we can do this without any
... any future ... disputes.
AMBASSADOR
NILES
01:18:25 I think the ...
the point might be that if ... if we can avoid yet another dispute ... in an
area which is one of some sensitivity,
that would be an enormous contribution to the overall good functioning of the
relationship, and something that, I think, I would hope, that both the
Commission and the United States government
01:18:51 would aspire to.
LAMY
01:18:55 That's the way we
see it on this side, Tom.
AMBASSADOR
NILES
01:18:57 Let me now turn
to Michael HodIn from Pfizer Inc.
MICHAEL
HODIN
01:19:03 Thank you,
Tom. Commissioner Lamy, thank you for
giving us the opportunity to meet with you like this. We very much appreciate it.
Commissioner Lamy, I'm sure you will not be surprised that our interest
is in
01:19:23 intellectual
property. There is not another company,
another sector that is more committed to global trade, more committed to a new
round, more committed to free and open markets with respect to trade and
investment. And we worked
01:19:42 very hard with
respect to the last round. We now have
a TRIPS agreement and we would like to see, continued, as we all are working
very hard for implementation of the TRIPS agreement.
01:19:54 And, I guess our
concern is simply that in a new round ... that we make sure that we first
continue to implement the TRIPS agreement and not get ourselves caught up in
trying to cover new ground in an area where there's still a lot to be done to
ensure open and free trade. Commissioner,
I
01:20:16 wonder what your
comment would be? I'm sure we can work
this out together for the better of the United States, Europe and the rest of
the world.
COMMISSIONER
LAMY
01:20:22 I mean, it's
clearly, when you look at the inter-penetration between the US pharmaceutical
industry and the EU pharmaceutical industry, it's clearly one of the cases
where we have a joint stake in moving this thing forward. And I must say, I often speak with
representatives of the US
01:20:52 pharmaceutical
industry, or with representatives of the EU pharmaceutical industry ... and
I've never been able to make a basic difference into what they were telling to
me.
01:21:01 As far as
intellectual property protection is concerned, there is no doubt that it is one
of the strong points of our policy to protect intellectual property. We need ... research investment, most of
this is private, if there is no ... if there is no intellectual property, there
will be no investment in research. We
need intellectual
01:21:35 property to cover
this public good, which we all have, which is innovation. And this is a strong point of our
policy. And this is why, by the way, we
worked so efficiently, hand in hand, during the Uruguay Round ... to get where
we are.
01:21:50 Now are all these
agreements that we signed on the Uruguay Round ... are they without
problem? And B) should we try and
extend them here and there? A) I would
be the happiest of men if these agreements were without any
01:22:12 problem. The fact is, that we are in politics, and
that if we want to preserve the strong intellectual property protection that we
got in the Uruguay Round ... we have to deal with the problem, which you know
probably better than I do, with these ... this public opinion movement ... both
in Europe, in the US and in the third world about access to medicines.
01:22:46 This is a
question which we have identified a year ago at the very start of the Prodi
Commission, and I am personally convinced, and I would not say that publicly
... that the balance which we struck during the Uruguay Round between the
necessity of intellectual property on the one side, and a number of exceptions
for reasons of public
01:23:11 health or public
order... this balance is in danger of being disbalanced by this public opinion
movement which basically makes the case that because of intellectual property,
affordability for the third world to a number of medicines is impaired.
01:23:32 We all know it is
not a major problem. We all know that
availability and access to medicines has to do with many other questions,
intellectual property . but, this is the way it is perceived. Hence, in order to be able to keep this
balance, the necessity to address A) the problem of substance, which is how do
we make more easily affordable medicines to third world countries, and notably,
as concerns HIV/AIDS in
01:24:10 Africa where we
all know it's destroying this continent ... so, how do we address this problem
of substance on the one side? B) How do
we deal with the connections of this with the legal system in WTO?
01:24:26 On the first
question, I think we've done quite a lot of work, and I must say I'm very
thankful to a number of pharmaceutical industries who started working in the
direction ... not only because of us, but also because of international organizations moving in this
direction. And I think it has diffused
a lot of tension ... we've started this move ... of course, there remains to be
seen
01:24:56 how we can get to
really affordable prices, and who will fund ... and I agree with that, that
this is a problem with public authorities.
01:25:01 Now, as far as
the little connected legal problems we have, there may be a number of these
which we'll have to address. For
instance, the question of whether, in case a generic or a patent is waived or
made compulsory in one country for whichever reason ... should and how could
this be or not be recognized by a third country. This is a
01:25:32 problem which the
present text of TRIPS does not address, and which we might need to
address. So, that's as far as the
present balance is concerned. I think
we should ... our strategic
01:25:45 objective is to
keep this balance. And in order to keep
it, we have to advance in substance on this question of affordability.
01:25:56 Now, on the other
part of what I understood to be your question, which is should we go and look
in areas other than pure intellectual
property ... for instance, geographic indications ... to this, my answer is
yes. I know it's not a major US
concern. It is a major European Union
concern, for reasons which have to do with the value of brands and geographic
origin of brands
01:26:25 indications. It is also something which is now pushed by
a number of countries. And as we have to go in the direction, in a
number of respects, I would prefer to go in the direction, as far as TRIPS is
concerned ... on things like geographic indications.
AMBASSADOR
NILES
01:26:43 Mike, do you have
a further point?
MICHAEL
HODIN
01:26:45 Well, simply to
say thank you, and I believe that we couldn't agree more about this strategic
balance ... your comments in support of the need for innovation are absolutely
clear. And as we go forward, perhaps
the greatest imperative is for us, in appropriate settings, privately, to be
working together to ensure that we can fully explain to
01:27:18 you and work with
the US government and other governments with respect to the revenue stream that
is required to continue the innovative process. Because this would be in jeopardy if the intellectual property basis
were threatened. So, I certainly take
your comments with great, great hope,
and I'm sure we'll be able to move
01:27:44 together. Because we all want to go ahead in a new
round opening up markets for free trade and investment. Thank you very much.
AMBASSADOR
NILES
01:27:52 Thanks very much,
Mike. I might just say, Commissioner,
one of the things that comes to my mind on this discussion is the desirability
of the Commission on the one side, and the United States government and other governments
on the other explaining to their publics and more broadly what the issues are
in this area. And
01:28:10 making clear that
the price of pharmaceuticals is not the key issue in terms of dealing with the
crisis that we see in some ... in some countries ... that it's a much, much
bigger problem than that. And I think
there's an important public policy role to be played here. Let
01:28:26 me now turn to
Ken Liesen from Cullen International.
Ken, question for the Commissioner?
KEN
LEESON
01:28:31 Yes, good
morning, Commissioner Lamy. Picking up
on some of your introductory comments, I think there's an area where there is a
good deal of common interest between the United States and Europe, particularly
given our advanced economies in the whole question of electronic commerce and
telecommunications liberalization.
01:28:55 Which, as we are
all aware, is on the agenda. We're
trying to make some progress in the upcoming services negotiations. I'd like very much to understand and hear
your views about how we might make progress in that area.
01:29:08 If I may just
say, from our side, we see this as ... an approach that looks at two industries
that are very different. And that is,
the telecom industry which has a history of regulation and restriction which we
are just now trying to open ... and the electronic commerce and services
01:29:30 which ride on top
of that infrastructure, which is today, new and quite liberal and quite
open. And we'd like to see progress
made and make sure that we continue liberalization of the infrastructure and
avoid new restrictions coming on the electronic commerce side. So, perhaps you could give us your views on
this?
COMMISSIONER
LAMY
01:29:52 I think your
extremely ... I mean, your presentation is right to the point that it has to do
WTO-wise, and trade-wise ... with two different sectors. I mean, the telecoms which have their own
sort of agreement, which dates from 1996 ... and where obviously, both of
01:30:26 our industries
are more liberalized in our domestic regimes than the WTO sort of threshold
requirements ... and it is our joint interest to push in WTO the telecoms provisions towards more
liberalization so that others meet the sort of point where we are.
01:30:55 And okay, I think
on this we are basically eye to eye between the US and European Union. And the way we have, I think, managed our
domestic agenda is reasonably, satisfactory.
And for instance, I think we both have an extremely important joint
interest in ensuring that in Japan, for instance, the evolution, the regulation
of telecommunications takes the same sort of route as it has taken both in the
European Union and in the
01:31:36 United
States. And I think there is still
quite a lot of ground to cover. And if
we can cover it jointly, and we all know how the Japanese decisions are taken,
it's going to be for the best of both
of our industries.
01:31:54 Under electronic
services, I also basically agree with your point, which I understood was we
start from a reasonably free environment, let's not add too many regulations on
this. Fine with me. And I must say I'm still looking for reasons
why electronic commerce, for instance, or any sort of e-distribution would have
to do with a multilateral trade negotiation.
01:32:32 There may be
adjacent questions like data privacy, or liability status, which may raise
problems vis-a-vis an international
trade regulation. But, I'm quite
convinced that these are very peripheral topics.
01:32:55 In terms of
bilateral, of course, it's a bit different. And leaving aside the multilateral
scene, I think we have to ensure that the free flow of e-distribution . and so
on ... is as easy as possible on both sides of the Atlantic. And on this, we
have to meet and solve problems which have to do with, for instance, our
different views on how data privacy regulation should be addressed.
01:33:27 And I think we've
... we've got last year to an agreement which still is there, although
obviously open to some shaky comments on the US side. And we also have to address, for instance, the question of
taxation in a way that doesn't make things more difficult than they are
01:33:47 today. That's the basic stance that we have.
01:33:49 So, in a
nutshell, WTO-wise, I think we should work for other countries to join the sort
of liberalization point that we've got.
Between ourselves we should work so that we do not create unnecessary
obstacles to this free flow of e-everything above the Atlantic.
AMBASSADOR
NILES
01:34:12 A very ... a very
congenial position for all of us here interested in both telecom liberalization
and the unfettered flow of e-commerce.
And I think it's an area where the United States and the European Union
have every opportunity to work together, and also work in third areas, and with
01:34:31 other countries
to expand this area of common
agreement. I think also our experience in this area underlines
the desirability, if not the necessity, of trying to work things out in advance
before either of us takes regulatory measures.
And I would say that in the area of privacy we would have been a lot
better off if
01:34:54 we could have
somehow sat down and worked things out bilaterally before either one of us took
measures which had an impact on the other.
But, I won't pursue that particular discussion. Let me turn now to Mr. Rob Mulligan of the
Chubb Corporation. Rob?
ROB
MULLIGAN
01:35:09 Thank you,
Tom. Well, actually, Commissioner, my
question was going to be along the same lines as what Tom was just mentioning
in terms of regulatory issues. About
three weeks ago, my chairman, Dean O'Hare, who I might mention, is also the new
chairman of the U.S. Council for International Business, gave a speech in
Brussels about the importance of resolving EU/US tensions
01:35:30 so that we can
focus on building a consensus for the WTO Round. In that speech, he noted that increasing number of our trade
disputes bilaterally and internationally are related to regulatory provisions
that are impacting trade. And as a
result of our feelings on this, The Chubb has been
01:35:48 actively
supporting efforts to include in the WTO negotiations regulatory disciplines
... especially in highly regulated sectors like insurance. So, what I guess what I was hoping was to
get your views on how we could more effectively deal with these regulatory
problems to avoid the trade issues on
01:36:08 the bilateral
level, but also, how can we go about including disciplines within the WTO that
ensure regulatory provisions are not basically being substitutes for
protectionism?
COMMISSIONER
LAMY
01:36:19 Well, on this ...
very frankly, I would be a bit more cold footed than Mr. O'Hare ... in making
it a point for us to address domestic regulation issues through a WTO
negotiation. I think there is a risk if
we go in the direction that we will alienate a part of our public support that
cares a lot about health, public services,
01:37:15 education, public
utilities, and so on. And that we've
got to be very careful that in pushing this item explicitly, i.e., under the
heading that a WTO services negotiation needs to address domestic regulation
issues ... we run this risk.
01:37:40 This being said I
agree that the basic point which you've made, that is that trade relationship
now has a lot to do with regulations, not the least because trade and services
are increased, is increasing, and that in most countries, services are at least
somehow, at least on average, more
01:38:06 regulated than
goods ... we have this necessity. But,
I think we should and can deal with this necessity with normal WTO
practices. That is, to ensure that the
way we regulate our services make it national treatment compatible when we have
taken commitments, make it non-discriminatory, make it transparent, and make it
stable.
01:38:36 So, I mean, if
the question is should we say that the domestic regulation glass of WTO is half
full or half empty ... my strong preference would be to say that it is half
empty ... for presentation and political reasons. This being said, we have to ensure through WTO disciplines ...
that the capacity of member states of the WTO ... to address these questions
which they have the sovereign
01:39:12 right to do
according to WTO provisions ... do not lead to de facto discrimination. On a bilateral basis, it may be
different. Bilateral trade
relationships are a good occasion for WTO
agreements ... and notably, in terms of mutual recognitions of services
regulations ... I think
01:39:34 there is a lot of
prospect in this direction including between the US and EU.
AMBASSADOR
NILES
01:39:40 That's very very
encouraging, Commissioner. And I think
you'll recall from our discussion of some of these issues in Cincinnati last
November at the TABD that, I think on both sides of the Atlantic, the business
community is hoping that we'll be able to move toward better cooperation in
this area. Recognizing, as you say, the
01:40:02 enormous domestic
political sensitivity, but also recognizing that it's awfully hard these days
to draw a very fine distinction between the domestic and the international in a
globalizing economy. Or actually a
globalized economy. Let me now turn to
Peter Russell from J.P. Morgan Chase.
Peter?
PETER
RUSSELL
01:40:21 Welcome again,
Commissioner Lamy. I also want to look
ahead to November, and maybe welcome you again to the New York Marathon. And I know you've run several times before,
and we hope that the Doha schedule doesn't interfere too much with your other
marathon.
01:40:44 I wanted to
follow up a little bit the domestic regulation point and focus on
transparency. As you know, the US
initial paper on financial services talks a lot about the transparency and I
also see this raised substantially in the Canadian paper. Less so in the EU paper from December this
past year. I emphasize transparency ...
you may have seen a paper done by the Securities
01:41:17 Industry
Association here that's been shared with some of your colleagues in Brussels
... focusing on principles of transparency for the financial sector.
01:41:25 And it's really
to follow up on your point about how to move this kind of issue, being
sensitive to the concerns to the domestic constituencies. And we think if you look at the financial
sector, where there have been some substantial market access and national
treatment gains from the last ... the '97 agreement ... but, we really need
some further steps on the operation of domestic regulation in this sector.
01:41:57 So, I think my
question would be, do you see some possibility of moving ahead? And this is the case with transparency where
we have been as some other sectors within the financial services, pressing this
directly with regulators in a number of other countries ... using IOSCO(?), the
securities organization, using fora like APEC and OECD(?) ... and we're really
trying to build a
01:42:24 base of support
from the regulators up. Thank you.
COMMISSIONER
LAMY
01:42:29 I'm fine with
this concept of transparency as long as it is not a code word for domestic
regulation. Here again, and we've seen
that in the previous exchange ... we have a domestic sensitivity in letting WTO
stepp into domestic regulation areas.
Transparency may be this ... or it may be something else. As long as it is
01:43:18 something else,
fine with this. And I strongly believe
that the discipline of transparency in terms of domestic regulations, whichever
the sector is, but of course, I mean, the financial services is an extremely good example ... is of the essence in
terms of
01:43:45 making it open,
transparent, nationally transparent, and non-discriminatory.
01:43:49 And we all know,
and it is not the case in the US or in the EU ... although, the banking
regulation in the US sometimes raises concerns on our side on the way it can be
changed in a way or another, and we've had a recent example with the equity
requirements which (Inaudible) regulators are working on in this respect. But, I mean, I don't
01:44:16 think the problem
is between the EU and the US. What we
need is other countries to apply more strictly this problem of transparency.
01:44:27 So, if a
transparency requirement is horizontal enough ... not to be turned or presented
into a specific regulation ... domestic regulation constraint ... fine with
that. If it's then a sort of cover
concept to move on to the terrain of domestic relations, which we sometimes
believe might be the idea of the authors, then we will have problems.
01:45:02 As far as
marathons are concerned, you're right, and I'm also very concerned about the
relationship between the Qatar meeting and the ... and the New York
Marathon. And I've taken as a
precaution, which is a sense of my, optimism on the possibility to lounge
around Qatar, to run once more the Paris Marathon the day before
01:45:31 yesterday. So, that at least if I have no round in Qatar,
I will have had one marathon in the year.
AMBASSADOR
NILES
01:45:43 (Laughs) We admire you for that if not lots of other things as well. Let me now turn to Mr. Nigel Thompson of Merck & Co. Nigel?
NIGEL
THOMPSON
01:45:55 Thank you. Commissioner Lamy, I've got a general question and then perhaps a more specific
question. I think all of us are
involved in the fight against HIV/AIDS.
We're encouraged over the last few months that real progress seems to be
being made. So, my general question to
you is there's been a lot of promises of massive funding
01:46:21 ... I think
there's a lot of agreement that massive funding is needed ...
NIGEL
THOMPSON
01:46:21 ... I think
there's a lot of agreement that massive funding is needed. I guess my question then to you is what
needs to be done to access the funding so that medicines can get to the
patients in the developing countries?
And then more specifically, a question would be if there is going to be
large funds available, I think there is a
01:46:41 concern as to how
these funds would operate, how they would operate to make sure that the
medicines get optimally to the patient, that the stakeholders, the payors, if
you like, whoever they are, are getting value for money ... and that the pharmaceutical
companies remain fully engaged?
COMMISSIONER
LAMY
01:46:59 On this I mean, I
basically share your view that there has been a lot of progress both in
awareness of the problem, and in identification of solutions which have to
combine funding ... first, prevention, of course ... then funding, then
distribution capabilities, and then
01:47:33 price
availability. And I agree with you that
given the sort of general commitment which the pharmaceutical industry has
taken in the direction of tier pricing ... uh, it's now up to public
authorities worldwide to come up with financing means.
01:47:56 Now, there the
question gets tricky. Not because of
the question of should enough funds be available. I think this is a secondary question in terms of the problems we
have to address in order to move on the ground. The big problem, and you've just mentioned it, is how can you
ensure that if money is put on the table by public authority at some entry of
the plumbing system,
01:48:36 how do we ensure
that it will translate into effective delivery of medicines to the population's
concerns? And this question, which is a
very complex one, has to do with the general inability of international public
organization to spend
01:48:56 money rationally
... it also has to do with the fact that distribution is of the essence.
01:49:03 And I must say, I
personally have always been convinced that we should let the pharmaceutical
industry handle the distribution question as much as possible A) because it is
in their own interests that the distribution system is in secure hands for
competition reasons and ... I mean, counterfeits
01:49:26 and so on ... and
B), because I think it's the best way to be sure that at the end of the day, it
(Inaudible) the people. So, I think we
still have to work on that. And we
still have to work on that in a sort of joint approach which is pharmaceutical
industry, public authorities ... public authorities being national governments,
regional
01:49:47 organizations
like the European Union, or international organizations such as UN/AIDS, WHO
and so on.
01:50:22 There's one
remaining question which we have to tackle, as you probably know, even if we go
in the direction of tier pricing, with more massive funding ... which is the
question related to parallel imports which we are working on extremely hard,
and notably in this seminar which will be cosponsored by a number of
international (Inaudible) in Norway at the end of this month ...
01:50:52 it's not ... it's
not a small issue of agreeing between ourselves how can we deal on a normal
regulatory ground ... on this question of parallel imports.
02:51:09 So, I think we
still have a few equestions (Inaudible) of this kind, but we should take them
as pragmatically as possible and work in not(?) with, if you may forgive me,
politicians which will err numbers sort of to be nice, but with people, know
the extreme difficulties of if I agree to put $100 million on the
01:51:17 table, how am I
going to ensure that at end of the day it's going to reach the people who ...
can not reach.
AMBASSADOR
NILES
01:51:38 Thank you very
much, Commissioner, for that very useful answer. Certainly, we would be very concerned in finding a workable
solution to the problem of parallel trade, parallel imports ... certainly not
wanting to see pharmaceutical products made available to people in developing
countries showing up in markets, for example, in
01:52:04 Western Europe
and the United States, which ... might be a very undesirable consequence if
this problem isn't properly addressed.
Let me now turn to David Wright of PepsiCo for a question. David?
DAVID
WRIGHT
01:52:12 Good afternoon,
Commissioner. I see our time is running
short, so I'll come right to the point.
Your earlier reference to authorizing authorities, I don't think was
lost on any of us in the context of the upcoming trade debate. Many of us directly and through the US
Council for International Business have placed major priority this year on
01:52:34 encouraging the
Congress to grant President Bush and Ambassador Zoellick the flexibility they
need to sit down at the table with you and come to a sound and progressive
agreement in the trade and commercial front.
01:52:47 Many of us, in
fact most of us, also belong to European based business and industry groups
which have a point of view and which have been active on the trade policy
front. But, at the same time, we worry
that as individual businesses and perhaps as an association, that we still may
not be doing enough. So, the question
that I have is
01:53:13 ... is there an
appropriate and constructive role beyond the European base affiliations and
business memberships that we have ... that we as companies can play, that the US Council for International
Business can play to help further the debate from the European side as well?
COMMISSIONER
LAMY
01:53:29 Well, thanks for
this question which is an extremely important question for us. And I think you've put your finger on what
we see as the major decision maker in
this area, which is Congress. I think
the rest of the world is not conscious enough that in the US system, the
authorizing party on trade is Congress.
And that hence, interaction with Congress, in many respects, is more
important than interaction with the administration.
01:54:44 Of course, if you
have a good leading administration, then, I mean, a number of things may be
easier with Congress than votes, but at the end of the day, this is the crucial
point. And to tell you, I mean,
frankly, and in the (Inaudible) of this conversation, I must say that I'm
worried about this. I can see the
number of litigation
01:55:18 cases where the
US have to change their legislation in the coming month, at least. And it's increasing every day ... copyright
... 1916 anti-dumping law ... FSC ... and others ... and the number ... I mean,
this increasing number is, to me, a sign that we will really need Congress to
do it ... to address these questions ... sort of up front.
01:55:47 We all know this
... that this adjustment is a painful political process. We know this on this side of the Atlantic,
and I think I've already taken some flack for it from efforts I've done on our
side on cases which we had to comply with.
01:56:37 And my direct
answer to your question is please, let us help everybody in Congress to
understand what all this is about. And
if the 1916 anti-dumping legislation, if the copyright legislation, if the FSC
legislation has to be changed, let's not put it as a problem where US
sovereignty and (Inaudible) has to cave in to external pressure, whether it's
to Europe, Japan, WTO ... I mean, things which (Inaudible) we don't like ...
let's make it positive in terms of adjusting US rules to
01:57:24 a new world in
which we have to live together.
AMBASSADOR
NILES
01:57:29 Well, that's a
very good message, Commissioner. And we’ll certainly be taking that as best we
can to the Congress. And as you know
there's concern that this needs to go in both directions in terms of
implementing decisions of panels. And I
think we need to be cognizant of our obligations.
01:57:52 And that's very
much on our minds here. Let me now turn to Rufus Yerxa of the Monsanto
Company. Rufus?
RUFUS
YERXA
01:58:01 Good afternoon,
Commissioner. I wanted to follow up on
Mr. Wright's question. I was struck by
something you said at the very outset about the difficulty that both you and
Ambassador Zoellick have in making any
overtures towards one another to show good will and build some confidence in
the process of trade liberalization because of your very difficult domestic
political
01:58:36 problems that
each of you have. And in that context,
it raises the question of how do you build some positive momentum to get
support ... political support both in Europe and the US ... for a new round?
01:58:48 My sense at this
time is that political support doesn't exist much on either side of the
Atlantic. I've just spent the last five
years living in Brussels, and now here in Washington I see the difficulty. I guess my question is, what kinds of ideas
can both of you explore to begin to show a little bit of movement on both sides
on some critical issues ... that will perhaps begin to create that momentum?
01:59:21 And along those
lines, I think it's worth pointing out, as you said, trade negotiation
authority is very important, but after all in the Uruguay round, the Congress
didn't grant that authority until 1988, two years into the negotiations when
they saw the momentum beginning to build.
So, part of my question is, could that same paradigm apply in these
circumstances ... two years or a year of
01:59:52 working to show
some positive momentum that then creates the political support?
COMMISSIONER
LAMY
01:59:56 The answer that
Rufus, and you know the trade scene as well as I do, it ... I mean, you're
right in saying that we've never ... not only for the Uruguay Round, but never
in the history before have we started negotiating a round with existing fast
track. It always came either during the
negotiation, or at the end of the negotiation.
The difference this time is that this
02:00:28 new
administration has made trade promotion authority, as they have nicely
rebaptized fast track, a priority ... which is raising the stakes.
02:00:45 And the rest of
the world is now basically waiting for the US administration to benefit from
this trade promotion authority to move forward and agree on the agenda of the
round. So, you legally and historically
are correct in your assumption.
Politically, the situation which has been created is a situation where
now both in Europe and in the
02:01:17 rest of the
world, people will be waiting for trade promotion authority to come. And if it does not come, this will have
consequences both on the bilateral agreements which the US has to negotiate
here and there ... not the least on the FTAA ... and on the global round.
02:01:35 Which, by the
way, and I'm addressing the first part of your question, will not discourage me
from working hard with the US on the agenda of the round. I think there is now
reasonable understanding in developing countries that their lives will be ...
their life will be better with a round than without a round. And that time has come for the US and EU to
address these questions.
02:02:16 This is not to
say that the round is the only multilateral positive agenda we may have in
common. China will join the WTO. How do we handle this jointly so that China
makes a smooth entry into WTO? Russia
wants to enter WTO. How do we jointly
make it clear to the Russians that joining WTO is not only about lending
credibility, it's also about paying the price for that.
02:02:47 And on major
issues of this kind, we not only have the multilateral round to launch, we also
have to run the system. On the
bilateral side, I already mentioned, I think in regularly ... regulatory
corporation, or in some mutual recognition agreements and all the sort of
agenda which TABD, for instance, is running ... there is a prospect for a good
list of positives. We simply
02:03:17 have to work hard
on these positives. And in order to
work hard on these positives, it would be good if someone other than myself
could interact with the numbers two, three, four, five in USTR and you all
know, on your side, that we're still waiting for confirmations ... and that
we're getting a bit impatient that they're going to come quickly.
AMBASSADOR
NILES
02:03:43 Well ...
(Laughs) I'm afraid, as you know,
Commissioner, that the political process here follows its own schedule, and I'm
sure nobody is more frustrated than Ambassador Zoellick in the fact that it
hasn't gone as quickly as one might hope.
But, I think we can anticipate that before too long, you and your
colleagues in the Commission will have a full team of people from
02:04:15 USTR with whom to
engage on all of these issues.
02:04:18 Let me say that
the one message I think that I take away from this discussion is that there is
a broad area of convergence between our positions, and an even broader area of
convergence in terms of our interests.
And somehow, the business communities on both sides of the Atlantic and
the governments need to explain better to this broad public in Europe and in
the United States, and in a sense, authorizes governments and commissions
02:04:48 to negotiate,
exactly what our shared interest is.
And that we are a part of a very interdependent economic community where
interests are ... are very much intertwined.
And to the extent, as I said earlier, you do well, we do
02:05:08 well, and
vice-versa. And I don't think that
particular message has gotten out quite as clearly as it might. And hope that you and Ambassador Zoellick
can spearhead an effort to get that before our publics.
02:05:17 Looking ahead I
can't remember whether the New York Marathon precedes or follows the Qatar
ministerial. but, I hope that perhaps you and Ambassador Zoellick can run the
marathon together both here in New York, successfully, and in Qatar. Thank you very much.
COMMISSIONER
LAMY
02:05:43 Tom, New York
Marathon is on November the third ... and Qatar starts on November the
ninth. So, I mean, given our advanced
age, and I acknowledge I'm slightly in advance of Bob in this respect ... we
anyhow, need a few days to recover after a marathon ... so it probably
02:06:02 wouldn't be very
wise. But, to ... just to add on your
concluding remarks, Tom, in the course of the conversation, I carefully noted
the sort of length which you've ... intelligently, as usual, done between the
questions and it has to do with mutual interest, it has to do with early
warning,
02:06:33 and it has to do
with a lot of explanation. And I
basically think that the more time goes, the more trade negotiators of our kind
have to spend time on explanation, pedagogy, and interaction with public
opinion. I don't know whether this is
good news or bad news. It certainly
makes life
02:07:00 interesting. But, I think it also makes this all the more
important that we interact with business people whose natural problem ...
opportunity and gain in interacting permanently with consumers, shareholders,
or the people of the corporation is ... it is such an in-built thing in
business now ... and I think there is no reason
02:07:29 why it shouldn't
be the case in trade. And I hope that
opportunities like the one we've had today, thanks to the initiative of George
Cunningham and with your support, all of you, and notably, Tom ... will help us
in the direction. And I'm sure that we
can do more of that. And then spread it
to domestic constituencies which, I believe, as
02:07:54 you rightly said,
Tom, we need to mobilize.
AMBASSADOR
NILES
02:07:57 Big agenda ahead,
but let's be optimistic. We need a
success somewhere out there. All the
best to you, Pascal.
COMMISSIONER
LAMY
02:08:06 Okay. All the best. Bye to all of you. And thanks
for spending this time with us.
MAN
02:08:12 Thank you.
MAN
02:08:13 Thank you.
MAN
02:08:14 Thank you.
(END
OF TAPE)